ML22256A142
| ML22256A142 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/2022 |
| From: | Andrew Averbach NRC/OGC |
| To: | Langer M US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1963207, 21-1048 | |
| Download: ML22256A142 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 12, 2022 Mark Langer, Clerk of Court United States Court of Appeals for the District of Columbia Circuit 333 Constitution Ave., NW Washington, DC 20001 Re: Dont Waste Michigan v. NRC, No. 21-1048 (consolidated)
Scheduling of oral argument_________________________
Dear Mr. Langer:
I am counsel of record in this matter for the Nuclear Regulatory Commission, one of the two Federal Respondents. Briefing is complete, and we await the scheduling of oral argument.
I received notice today that the United States Court of Appeals for the Tenth Circuit will be holding oral argument in Balderas v. NRC, No. 21-9593, on November 15, 2022, in Denver. I intend to represent Federal Respondents at oral argument in Balderas, which is a challenge on behalf of the State of New Mexico to the license for the same spent fuel storage facility that is the subject of the consolidated Petitions for Review in Dont Waste Michigan. Brad Fagg, who is counsel for Licensee-Intervenor Interim Storage Partners, LLC, also intends to appear at oral argument in Denver on November 15 in Balderas.
In light of this schedule, Federal Respondents and Interim Storage Partners request that the Court not schedule oral argument in Dont Waste Michigan during the week of November 14, 2022, and that it set oral argument on a subsequent date.
USCA Case #21-1048 Document #1963207 Filed: 09/12/2022 Page 1 of 2
M. Langer Thank you in advance for your cooperation.
Respectfully,
/s/ Andrew P. Averbach Solicitor USCA Case #21-1048 Document #1963207 Filed: 09/12/2022 Page 2 of 2